RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Rajesh and accused Virender Kumar who were convicted under Section 394 read with Section 34 IPC and were sentenced to undergo 5 years rigorous imprisonment and to pay a fine of Rs. 1000/- each and in default of payment of fine to undergo further period of rigorous imprisonment for one month have preferred these individual appeals.

(2.) It is the case of the prosecution that PW1 Anil Kumar who was in service of Delhi Police was proceeding on his motorcycle on 26.02.1999 at about 10.30 PM to take his brother. When he reached near the bridge ahead of Village Karnela, the accused herein stopped him. Accused Rajesh gave an iron rod blow on the head and mouth of PW1 Anil Kumar while accused Pappu gave danda blow on his back and shoulder and as a result of which he fell down and sustained injuries on his knees as well. Accused also looted a wrist watch and a sum of Rs. 500/- from the possession of PW1 Anil Kumar. PW1 Anil Kumar reached his house on his motorcycle and thereafter he was admitted to Escorts Hospital, Faridabad by his family members.

(3.) PW8 Dr. Suresh Aggarwal, Escorts Medical Centre, Faridabad medico-legally examined PW1 Anil Kumar on 27.02.1999 at about 00:10 AM. He found a lacerated wound on the right fronto parietal region of skull measuring about 10 cm x 1 cm, a clean cut wound on the upper left eye-lid measuring 5 cm x 1/2 cm, another clean cut wound on the left cheek below left eye measuring 5 cm x 1/2 cm, a lacerated wound on the right upper eye-lid measuring 6 cm x 1/2 cm, two more lacerated wounds on the right cheek below and lateral to the right eye both measuring 5 cm x 1 cm, and an abrasion on the right knee and left black eye. PW8 Dr. Suresh Aggarwal opined that the above injuries would have been caused by a blunt weapon. PW7 Dr. Abha Jyoti Prashar, Radiologist, Escorts Hospital, Faridabad having examined an X-ray report of the skull on 27.02.1999 found that there was a fracture of left zygomatic complex of PW1.